When to organize a canteen or kitchen without a project?

Document 5907 of the Ho Chi Minh City Department of Finance on the preparation of a project to use public assets for business purposes, leasing, joint ventures, and associations at public service units has recently been sent to the city's departments, branches, and sectors; People's Committees of districts and towns. From here, many public schools have had their concerns about organizing canteens, parking lots, kitchens, etc. resolved.

Students buy things at the canteen of a primary school in Ho Chi Minh City in previous school years.

In the above document, the Ho Chi Minh City Department of Finance stated the following important contents: "Public service units can organize themselves or bid to select units with the function of performing auxiliary activities (parking, canteen, etc.) to serve the performance of the unit's functions and tasks. In case the unit conducts a lease auction (public assets are not used at full capacity and meet the 8 requirements specified in Clause 2, Article 55 of the Law on Management and Use of Public Assets), it must prepare a project; report to the competent authority or person for consideration and decision".

Thus, public service units that self-organize or bid to select units with the function of performing auxiliary activities (parking, canteen...) to serve the performance of the unit's functions and tasks do not need to prepare a project.

The Ho Chi Minh City Department of Finance also said that it has received and commented on 745/745 projects on using public assets for business and rental purposes of public service units (most of the projects of the units are for the purpose of building canteens and parking lots to serve the needs of people when using public services and cadres, civil servants, public employees, workers... at the unit), sent to the unit for research and implementation. To date, 5 projects have been considered and approved by the City People's Committee.

The Ho Chi Minh City Department of Finance requests departments, branches, sectors, and People's Committees of districts to direct their affiliated public service units (units that have prepared the project and received comments from the Department of Finance) to review, continue implementation, and report implementation results.

Specifically, in case of self-organization or bidding to select units with the function of performing auxiliary activities (parking, canteen, etc.) to serve the performance of the unit's functions and tasks: request the unit to report on progress and implementation results, send to the superior management agency (departments, branches, sectors, People's Committees of districts and wards) for synthesis, send to the Department of Finance for monitoring, synthesis and reporting to the City People's Committee when requested.

"In case of continuing to implement the project of using public assets for business and leasing purposes: it is recommended that the unit base on the legal basis and detailed outline when developing the project of the Department of Finance to establish and study, receive comments from the Department of Finance to revise and complete the project (it is necessary to clearly state which content is accepted and has been revised in the project; which content is not accepted, explain the specific reasons, etc.); have a written report to the superior management agency for consideration, have comments to submit to the City People's Committee for consideration and decision", the Ho Chi Minh City Department of Finance stated its opinion.

A school canteen in Ho Chi Minh City in previous school years.

Previously, on August 15, the Office of the Ho Chi Minh City People's Committee issued a document conveying the direction of Vice Chairman of the City People's Committee Nguyen Van Dung on approving the Project on using public assets in the city, including canteens and school parking lots.

Vice Chairman of the Ho Chi Minh City People's Committee Nguyen Van Dung concluded and directed: "Public service units, focusing on the education and training sector, continue to maintain parking and canteen operations according to the guidance document of the Ministry of Finance in Official Dispatch No. 9757/BTC-QLCS dated September 26, 2022; bidding must be conducted publicly and transparently, ensuring fire prevention and fighting safety, and food hygiene and safety".

Vice Chairman of the Ho Chi Minh City People's Committee Nguyen Van Dung assigned the Department of Finance to organize and review and re-examine the Projects that public service units have sent for appraisal opinions to the Department of Finance and the Department of Finance has given comments on appraisal, but up to now the units have not yet completed the Projects to submit to competent authorities for consideration and decision.

Canteen of a school in District 12, Ho Chi Minh City in previous school years

On September 26, 2022, the Ministry of Finance also issued Official Dispatch No. 9757/BTC-QLCS providing guidance on the use of public assets for business purposes, leasing, joint ventures, and associations at public service units. Accordingly:

• In case a unit uses the premises as a canteen or parking lot to serve the unit's operations, it is not a case of using public assets for business purposes, leasing, joint ventures, or associations as prescribed in Articles 56, 57, and 58 of the Law on Management and Use of Public Assets and does not have to prepare a project.
  
• In case public assets at public service units have been assigned, invested, constructed, or purchased by the State to perform the political tasks of the unit, but during the process of use, they are not used at full capacity and do not meet the 8 requirements specified in Clause 2, Article 55 of the Law on Management and Use of Public Assets, the unit is allowed to use such assets for business purposes, leasing, joint ventures, and associations and must prepare a project; report to the competent authority or person for consideration and decision.

On February 1, 2024, the Ministry of Finance issued Official Dispatch No. 1347/BTC-NSNN on providing comments on the proposal to develop a Decree on decentralization of state management in a number of areas for Ho Chi Minh City; including the following contents:

"The issues reported by the Ho Chi Minh City People's Committee are mainly related to the use of assets by units as canteens and parking lots to serve the needs of people when using public services and cadres, civil servants, public employees, workers... at the unit. Regarding this content, the draft Decree amending and supplementing a number of articles of Decree No. 151/2017/ND-CP (currently being submitted by the Ministry of Finance to the Government for consideration and promulgation in Submission No. 182/TTr-BTC dated August 17, 2023) has added provisions to clearly distinguish cases where a project must be prepared and cases where a project is not required.

Accordingly, in case a public service unit uses public assets to serve auxiliary activities, directly supporting the performance of the unit's functions and tasks (such as providing catering services, parking for cadres, civil servants, public employees, employees of the unit, guests coming for transactions, work, etc.), the unit does not have to prepare a plan to use public assets for business purposes, leasing, joint ventures, and associations.

Source: https://thanhnien.vn/tphcm-khi-nao-to-chuc-can-tin-bep-an-khong-can-lap-de-an-185240826183419133.htm